1.1 	A bill for an act
1.2 	relating to public safety; conforming definition of "hazardous materials" to 
1.3 	federal definition for purposes of transporting it; conforming school bus 
1.4 	endorsement provisions to federal regulations; providing license exemption 
1.5 	for operator of commercial motor vehicle operated on behalf of federal 
1.6 	government; adding provisions conforming to federal regulation to require notice 
1.7 	of commercial vehicle driver's conviction or license suspension; providing for 
1.8 	enforcement of commercial vehicle out-of-service orders; imposing monetary 
1.9 	penalty for violation by motor carrier employer of railroad-highway grade 
1.10 	crossing laws to conform to federal law;amending Minnesota Statutes 2006, 
1.11 	sections 169.01, subdivision 76; 171.01, subdivision 35; 171.03; 171.165, 
1.12 	subdivision 2; 221.011, by adding a subdivision; 221.036, subdivisions 1, 3; 
1.13 	221.221, subdivision 2; 299D.03, subdivision 1; 299D.06; Minnesota Statutes 
1.14 	2007 Supplement, section 171.02, subdivision 2; proposing coding for new law 
1.15 	in Minnesota Statutes, chapter 171.
1.16 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17 	Section 1. Minnesota Statutes 2006, section 169.01, subdivision 76, is amended to read:
1.18 		Subd. 76.Hazardous materials. "Hazardous materials" means those materials 
1.19 	found to be hazardous for the purposes of the federal Hazardous Materials Transportation 
1.20 	Act and that require the motor vehicle any material that has been designated as hazardous 
1.21 	under United States Code, title 49, section 5103, and is required to be placarded under 
1.22 	Code of Federal Regulations, title 49, parts 100-185 part 172, subpart F, or any quantity of 
1.23 	a material listed as a select agent or toxin in Code of Federal Regulations, title 42, part 73.

1.24 	Sec. 2. Minnesota Statutes 2006, section 171.01, subdivision 35, is amended to read:
1.25 		Subd. 35.Hazardous materials. "Hazardous materials" means those materials 
1.26 	found to be hazardous for the purposes of the federal Hazardous Materials Transportation 
1.27 	Act and that require the motor vehicleany material that has been designated as hazardous 
2.1 	under United States Code, title 49, section 5103, and is required to be placarded under 
2.2 	Code of Federal Regulations, title 49, parts 100-185 part 172, subpart F, or any quantity of 
2.3 	a material listed as a select agent or toxin in Code of Federal Regulations, title 42, part 73.

2.4 	Sec. 3. Minnesota Statutes 2007 Supplement, section 171.02, subdivision 2, is 
2.5 	amended to read:
2.6 		Subd. 2.Driver's license classifications, endorsements, exemptions. (a) Drivers' 
2.7 	licenses are classified according to the types of vehicles that may be driven by the holder 
2.8 	of each type or class of license. The commissioner may, as appropriate, subdivide the 
2.9 	classes listed in this subdivision and issue licenses classified accordingly.
2.10 	(b) Except as provided in paragraph (c), clauses (1) and (2), and subdivision 2a, no 
2.11 	class of license is valid to operate a motorcycle, school bus, tank vehicle, double-trailer 
2.12 	or triple-trailer combination, vehicle transporting hazardous materials, or bus, unless 
2.13 	so endorsed. There are four general classes of licenses as described in paragraphs (c) 
2.14 	through (f).
2.15 	(c) Class D drivers' licenses are valid for:
2.16 	(1) operating all farm trucks if the farm truck is:
2.17 	(i) controlled and operated by a farmer, including operation by an immediate family 
2.18 	member or an employee of the farmer;
2.19 	(ii) used to transport agricultural products, farm machinery, or farm supplies, 
2.20 	including hazardous materials, to or from a farm;
2.21 	(iii) not used in the operations of a common or contract motor carrier as governed by 
2.22 	Code of Federal Regulations, title 49, part 365; and
2.23 	(iv) used within 150 miles of the farm;
2.24 	(2) notwithstanding paragraph (b), operating an authorized emergency vehicle, 
2.25 	as defined in section 169.01, subdivision 5, whether or not in excess of 26,000 pounds 
2.26 	gross vehicle weight;
2.27 	(3) operating a recreational vehicle as defined in section 168.011, subdivision 25, 
2.28 	that is operated for personal use;
2.29 	(4) operating all single-unit vehicles except vehicles with a gross vehicle weight of 
2.30 	more than 26,000 pounds, vehicles designed to carry more than 15 passengers including 
2.31 	the driver, and vehicles that carry hazardous materials;
2.32 	(5) notwithstanding paragraph (d), operating a type A school bus or a multifunctional 
2.33 	school activity bus without a school bus endorsement if:
2.34 	(i) the bus has a gross vehicle weight of 10,000 pounds or less;
2.35 	(ii) the bus is designed to transport 15 or fewer passengers, including the driver; and
3.1 	(iii) the requirements of subdivision 2a are satisfied, as determined by the 
3.2 	commissioner;
3.3 	(6) operating any vehicle or combination of vehicles when operated by a licensed 
3.4 	peace officer while on duty; and
3.5 	(7) towing vehicles if:
3.6 	(i) the towed vehicles have a gross vehicle weight of 10,000 pounds or less; or
3.7 	(ii) the towed vehicles have a gross vehicle weight of more than 10,000 pounds and 
3.8 	the combination of vehicles has a gross vehicle weight of 26,000 pounds or less.
3.9 	(d) Class C drivers' licenses are valid for:
3.10 	(1) operating class D motor vehicles;
3.11 	(2) with a hazardous materials endorsement, transporting hazardous materials in
3.12 	operating class D vehicles to transport hazardous materials; and
3.13 	(3) with a passenger endorsement, operating buses; and 
3.14 	(3) (4) with a passenger endorsement and school bus endorsement, operating school 
3.15 	buses designed to transport 15 or fewer passengers, including the driver.
3.16 	(e) Class B drivers' licenses are valid for:
3.17 	(1) operating all class C motor vehicles, class D motor vehicles, and all other 
3.18 	single-unit motor vehicles including, with a passenger endorsement, buses; and
3.19 	(2) towing only vehicles with a gross vehicle weight of 10,000 pounds or less.
3.20 	(f) Class A drivers' licenses are valid for operating any vehicle or combination of 
3.21 	vehicles.

3.22 	Sec. 4. Minnesota Statutes 2006, section 171.03, is amended to read:
3.23 	171.03 PERSONS EXEMPT.
3.24 	The following persons are exempt from license hereunder:
3.25 	(a) A person in the employ or service of the United States federal government is 
3.26 	exempt while driving or operating a motor vehicle owned by or leased to the United 
3.27 	States federal government.
3.28 	(b) A person in the employ or service of the United States federal government is 
3.29 	exempt from the requirement to possess a valid class A, class B, or class C commercial 
3.30 	driver's license while driving or operating for military purposes a commercial motor 
3.31 	vehicle owned by or leased to for the United States federal government if the person is:
3.32 	(1) on active duty in the U. S. Coast Guard;
3.33 	(2) on active duty in a branch of the U. S. Armed Forces, which includes the Army, 
3.34 	Air Force, Navy, and Marine Corps;
3.35 	(3) a member of a reserve component of the U. S. Armed Forces; or
4.1 	(4) on active duty in the Army National Guard or Air National Guard, which 
4.2 	includes (i) a member on full-time National Guard duty, (ii) a member undergoing 
4.3 	part-time National Guard training, and (iii) a National Guard military technician, who is a 
4.4 	civilian required to wear a military uniform.
4.5 	The exemption provided under this paragraph does not apply to a U. S. Armed Forces 
4.6 	Reserve technician.
4.7 	(c) Any person while driving or operating any farm tractor or implement of 
4.8 	husbandry temporarily on a highway is exempt. For purposes of this section, an all-terrain 
4.9 	vehicle, as defined in section 84.92, subdivision 8, an off-highway motorcycle, as defined 
4.10 	in section 84.787, subdivision 7, and an off-road vehicle, as defined in section 84.797, 
4.11 	subdivision 7, are not implements of husbandry.
4.12 	(d) A nonresident who is at least 15 years of age and who has in immediate 
4.13 	possession a valid driver's license issued to the nonresident in the home state or country 
4.14 	may operate a motor vehicle in this state only as a driver.
4.15 	(e) A nonresident who has in immediate possession a valid commercial driver's 
4.16 	license issued by a state or jurisdiction in accordance with the standards of Code of 
4.17 	Federal Regulations, title 49, part 383, and who is operating in Minnesota the class of 
4.18 	commercial motor vehicle authorized by the issuing state or jurisdiction is exempt.
4.19 	(f) Any nonresident who is at least 18 years of age, whose home state or country does 
4.20 	not require the licensing of drivers may operate a motor vehicle as a driver, but only for a 
4.21 	period of not more than 90 days in any calendar year, if the motor vehicle so operated is 
4.22 	duly registered for the current calendar year in the home state or country of the nonresident.
4.23 	(g) Any person who becomes a resident of the state of Minnesota and who has in 
4.24 	possession a valid driver's license issued to the person under and pursuant to the laws of 
4.25 	some other state or jurisdiction or by military authorities of the United States may operate 
4.26 	a motor vehicle as a driver, but only for a period of not more than 60 days after becoming 
4.27 	a resident of this state, without being required to have a Minnesota driver's license as 
4.28 	provided in this chapter.
4.29 	(h) Any person who becomes a resident of the state of Minnesota and who has in 
4.30 	possession a valid commercial driver's license issued by another state or jurisdiction in 
4.31 	accordance with the standards of Code of Federal Regulations, title 49, part 383, is exempt 
4.32 	for not more than 30 days after becoming a resident of this state.
4.33 	(i) Any person operating a snowmobile, as defined in section 84.81, is exempt.

4.34 	Sec. 5. Minnesota Statutes 2006, section 171.165, subdivision 2, is amended to read:
5.1 		Subd. 2.Implied consent revocation. The commissioner shall disqualify a person 
5.2 	from operating commercial motor vehicles for a revocation under section 169A.52 or a 
5.3 	statute or ordinance from another state or jurisdiction in conformity with it, in accordance 
5.4 	with for a period that is equivalent in duration under the driver disqualifications and 
5.5 	penalties in Code of Federal Regulations, title 49, part 383, subpart D, that pertain to a 
5.6 	conviction of being under the influence of alcohol or refusal to be tested.

5.7 	Sec. 6. [171.168] NOTIFICATION OF CONVICTION FOR VIOLATION BY 
5.8 	COMMERCIAL DRIVER.
5.9 	(a) Each person who operates a commercial motor vehicle, who has a commercial 
5.10 	driver's license issued by this state, and who is convicted of a criminal offense; of a serious 
5.11 	traffic violation, as defined in Code of Federal Regulations, title 49, section 383.5; or of 
5.12 	violating any other state or local law relating to motor vehicle traffic control, other than a 
5.13 	parking violation, in any type of motor vehicle in another state or jurisdiction, shall notify 
5.14 	the department's Division of Driver and Vehicle Services of the conviction. The person 
5.15 	shall notify the division within 30 days after the date that the person was convicted.
5.16 	(b) Each person who operates a commercial motor vehicle, who has a commercial 
5.17 	driver's license issued by this state, and who is convicted of violating, in any type of 
5.18 	motor vehicle, a Minnesota state or local law relating to motor vehicle traffic control, 
5.19 	other than a parking violation, shall notify the person's employer of the conviction. The 
5.20 	person shall notify the person's employer within 30 days after the date that the person was 
5.21 	convicted. If the person is not currently employed, the person shall notify the division 
5.22 	according to paragraph (a).
5.23 	(c) Notification to the division must be made in writing and contain the following 
5.24 	information:
5.25 	(1) the driver's full name; 
5.26 	(2) the driver's license number; 
5.27 	(3) the date of conviction; 
5.28 	(4) the specific criminal or other offense; serious traffic violation, as defined in Code 
5.29 	of Federal Regulations, title 49, section 383.5; and any other violation of state or local 
5.30 	law relating to motor vehicle traffic control, for which the person was convicted and 
5.31 	any suspension, revocation, or cancellation of certain driving privileges that resulted 
5.32 	from the conviction; 
5.33 	(5) an indication whether the violation was in a commercial motor vehicle; 
5.34 	(6) the location of the offense; and 
5.35 	(7) the driver's signature. 

6.1 	Sec. 7. [171.169] NOTIFICATION OF SUSPENSION OF LICENSE OF 
6.2 	COMMERCIAL DRIVER.
6.3 	Each employee, as defined in Code of Federal Regulations, title 49, section 383.5, 
6.4 	who has a Minnesota-issued driver's license suspended, revoked, or canceled by this 
6.5 	state or another state or jurisdiction, who loses the right to operate a commercial motor 
6.6 	vehicle in this state or another state or jurisdiction for any period, or who is disqualified 
6.7 	from operating a commercial motor vehicle for any period, shall notify the person's 
6.8 	employer of the suspension, revocation, cancellation, lost privilege, or disqualification. 
6.9 	The employee shall notify the employer before the end of the business day following 
6.10 	the day the employee received notice of the suspension, revocation, cancellation, lost 
6.11 	privilege, or disqualification. 

6.12 	Sec. 8. Minnesota Statutes 2006, section 221.011, is amended by adding a subdivision 
6.13 	to read:
6.14 		Subd. 50.Out-of-service order. "Out-of-service order" has the meaning given it in 
6.15 	Code of Federal Regulations, title 49, section 383.5.

6.16 	Sec. 9. Minnesota Statutes 2006, section 221.036, subdivision 1, is amended to read:
6.17 		Subdivision 1.Order. The commissioner may issue an order requiring violations 
6.18 	to be corrected and administratively assessing monetary penalties for a violation of 
6.19 	(1) section 221.021; (2) section 221.033, subdivision 2b; (3) section 221.151; (4) 
6.20 	section 221.171; (5) section 221.141; (6) a federal, state, or local law, regulation, rule, 
6.21 	or ordinance pertaining to railroad-highway grade crossings; or (6) (7) rules of the 
6.22 	commissioner relating to the transportation of hazardous waste, motor carrier operations, 
6.23 	insurance, or tariffs and accounting. An order must be issued as provided in this section. 

6.24 	Sec. 10. Minnesota Statutes 2006, section 221.036, subdivision 3, is amended to read:
6.25 		Subd. 3.Amount of penalty; considerations. (a) The commissioner may issue an 
6.26 	order assessing a penalty of up to $5,000 for all violations of section 221.021; 221.141; 
6.27 	221.151; or 221.171, or rules of the commissioner relating to motor carrier operations, 
6.28 	insurance, or tariffs and accounting, identified during a single inspection, audit, or 
6.29 	investigation. 
6.30 	(b) The commissioner may issue an order assessing a penalty up to a maximum of 
6.31 	$10,000 for all violations of section 221.033, subdivision 2b, identified during a single 
6.32 	inspection or audit. 
6.33 	(c) In determining the amount of a penalty, the commissioner shall consider:
7.1 	(1) the willfulness of the violation;
7.2 	(2) the gravity of the violation, including damage to humans, animals, air, water, 
7.3 	land, or other natural resources of the state;
7.4 	(3) the history of past violations, including the similarity of the most recent violation 
7.5 	and the violation to be penalized, the time elapsed since the last violation, the number of 
7.6 	previous violations, and the response of the person to the most recent violation identified;
7.7 	(4) the economic benefit gained by the person by allowing or committing the 
7.8 	violation; and
7.9 	(5) other factors as justice may require, if the commissioner specifically identifies 
7.10 	the additional factors in the commissioner's order.
7.11 	(d) The commissioner shall assess a penalty of not less than $1,000 against a driver 
7.12 	who is convicted of a violation of an out-of-service order. The commissioner shall assess 
7.13 	a penalty of not more than $10,000 against an employer who knowingly allows or requires 
7.14 	an employee to operate a commercial motor vehicle in violation of an out-of-service order.
7.15 	in accordance with Code of Federal Regulations, title 49, section 383.53 against:
7.16 	(1) a driver who is convicted of a violation of an out-of-service order; 
7.17 	(2) an employer who knowingly allows or requires an employee to operate a 
7.18 	commercial motor vehicle in violation of an out-of-service order; or
7.19 	(3) an employer who knowingly allows or requires an employee to operate a 
7.20 	commercial motor vehicle in violation of a federal, state, or local law or regulation 
7.21 	pertaining to railroad-highway grade crossings.

7.22 	Sec. 11. Minnesota Statutes 2006, section 221.221, subdivision 2, is amended to read:
7.23 		Subd. 2.Enforcement powers. Transportation program specialists and hazardous 
7.24 	material program specialists of the department have the powers conferred by law upon 
7.25 	police officers, only for the purpose purposes of enforcing:
7.26 	(1) enforcing this chapter, sections 169.781 to 169.783 relating to commercial 
7.27 	vehicle inspections, and sections 168D.05 and 168D.12 relating to motor carrier licenses 
7.28 	and trip permits,;
7.29 	(2) enforcing Code of Federal Regulations, title 49, parts 40 and 382, and; 
7.30 	(3) enforcing the applicable rules, orders, or directives of the commissioner of 
7.31 	transportation and the commissioner of revenue, issued under this chapter and chapter 
7.32 	168D or 296A, but for no other purpose, have the powers conferred by law upon police 
7.33 	officers. The powers include the authority to conduct;
8.1 	(4) enforcing the North American uniform out-of-service criteria and issuing 
8.2 	out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5; 
8.3 	and
8.4 	(5) conducting  inspections at designated highway weigh stations or under other 
8.5 	appropriate circumstances. 

8.6 	Sec. 12. Minnesota Statutes 2006, section 299D.03, subdivision 1, is amended to read:
8.7 		Subdivision 1.Members, powers, and duties. (a) The commissioner is hereby 
8.8 	authorized to employ and designate a chief supervisor, a chief assistant supervisor, and 
8.9 	such assistant supervisors, sergeants and officers as are provided by law, who shall 
8.10 	comprise the Minnesota State Patrol.
8.11 	(b) The members of the Minnesota State Patrol shall have the power and authority:
8.12 	(1) as peace officers to enforce the provisions of the law relating to the protection of 
8.13 	and use of trunk highways;
8.14 	(2) at all times to direct all traffic on trunk highways in conformance with law, and in 
8.15 	the event of a fire or other emergency, or to expedite traffic or to insure safety, to direct 
8.16 	traffic on other roads as conditions may require notwithstanding the provisions of law;
8.17 	(3) to serve search warrants related to criminal motor vehicle and traffic violations 
8.18 	and arrest warrants, and legal documents anywhere in the state;
8.19 	(4) to serve orders of the commissioner of public safety or the commissioner's duly 
8.20 	authorized agents issued under the provisions of the Driver's License Law, the Safety 
8.21 	Responsibility Act, or relating to authorized brake- and light-testing stations, anywhere 
8.22 	in the state and to take possession of any license, permit, or certificate ordered to be 
8.23 	surrendered;
8.24 	(5) to inspect official brake and light adjusting stations;
8.25 	(6) to make appearances anywhere within the state for the purpose of conducting 
8.26 	traffic safety educational programs and school bus clinics;
8.27 	(7) to exercise upon all trunk highways the same powers with respect to the 
8.28 	enforcement of laws relating to crimes, as sheriffs and police officers;
8.29 	(8) to cooperate, under instructions and rules of the commissioner of public 
8.30 	safety, with all sheriffs and other police officers anywhere in the state, provided that 
8.31 	said employees shall have no power or authority in connection with strikes or industrial 
8.32 	disputes;
8.33 	(9) to assist and aid any peace officer whose life or safety is in jeopardy;
8.34 	(10) as peace officers to provide security and protection to the governor, governor 
8.35 	elect, either or both houses of the legislature, and state buildings or property in the manner 
9.1 	and to the extent determined to be necessary after consultation with the governor, or a 
9.2 	designee. Pursuant to this clause, members of the State Patrol, acting as peace officers 
9.3 	have the same powers with respect to the enforcement of laws relating to crimes, as 
9.4 	sheriffs and police officers have within their respective jurisdictions;
9.5 	(11) to inspect school buses anywhere in the state for the purposes of determining 
9.6 	compliance with vehicle equipment, pollution control, and registration requirements;
9.7 	(12) as peace officers to make arrests for public offenses committed in their presence 
9.8 	anywhere within the state. Persons arrested for violations other than traffic violations 
9.9 	shall be referred forthwith to the appropriate local law enforcement agency for further 
9.10 	investigation or disposition.; and
9.11 	(13) to enforce the North American uniform out-of-service criteria and issue 
9.12 	out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5.
9.13 	(c) The state may contract for State Patrol members to render the services described 
9.14 	in this section in excess of their regularly scheduled duty hours and patrol members 
9.15 	rendering such services shall be compensated in such amounts, manner and under such 
9.16 	conditions as the agreement provides.
9.17 	(d) Employees thus employed and designated shall subscribe an oath.

9.18 	Sec. 13. Minnesota Statutes 2006, section 299D.06, is amended to read:
9.19 	299D.06 PATROL EMPLOYEES WHO ARE NOT TROOPERS.
9.20 	(a) Department personnel must be classified employees assigned to the Division of 
9.21 	State Patrol if they are employed to enforce:
9.22 	(1) laws relating to motor vehicle equipment; school bus equipment; drivers' 
9.23 	licenses; motor vehicle registration; motor vehicle size and weight; motor carrier 
9.24 	insurance, registration, and safety; and motor vehicle petroleum taxes;
9.25 	(2) Pollution Control Agency rules relating to motor vehicle noise abatement; and
9.26 	(3) laws relating to directing the movement of vehicles.; and
9.27 	(4) the North American uniform out-of-service criteria and issue out-of-service 
9.28 	orders, as defined in Code of Federal Regulations, title 49, section 383.5.
9.29 	(b) Employees engaged in these duties, while actually on the job during their 
9.30 	working hours only, shall have power to:
9.31 	(1) issue citations in lieu of arrest and continued detention; and
9.32 	(2) prepare notices to appear in court for violation of these laws and rules, in the 
9.33 	manner provided in section 169.91, subdivision 3. 
10.1 	(c) They shall not be armed and, except as provided in this section, shall have none 
10.2 	of the other powers and privileges reserved to peace officers including the power to 
10.3 	enforce traffic laws and regulations.